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STATE OF NEW JERSEY, 



TO THE LEGISLATURE, 1872. 



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TRENTON, N. J.: 

PRINTED AT THE STATE GAZETTE OFFICE. 



1872. 



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TO THE LEGISLATURE, 1872. 



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TRENTON, N. J.: 

" STATE GAZETTE," MURPHY & BECHTEL, BOOK AND JOB PRINTERS, 

1872 



REPORT 



To His Excellency, Joel Parker, Governor of the State of JYew 

Jen.ey : 

Sir : — The commission appointed by Governor Randolph, in 
accordance with the concurrent resolution of the Senate and House of 
Assembly, to examine the present system of education of this State, 
and those of other States and countries, and prepare a bill to be pre- 
sented to the next Legislature, that shall secure for our State a com- 
plete system of free common schools, and, also, to consider the ques- 
tion of establishing a number of high schools, that shall be free to 
all who desire a higher course of education, and report upon the 
same, herewith submit the results of their labors. 

These consist of 

1. A body of laws, covering the whole ground of our public edu- 
cation, as controlled by the State. 

2. An act to facilitate the establishment of high schools in this 
State. 

3. An act in relation to State scholarships. 

In regard to each of these subjects, some explanatory remarks are 
deemed necessary. 

1. The body of school laws, herewith submitted, is substantially 
the same as that now in force. Few changes have been made, since 
it is believed that the present system is well adapted to our wants, 
and present stage of advancement. 

The changes made are — 

1. The bringing together, into one code and under their appropri- 
ate heads, of all school laws passed since the year 1867, when our 
present system was adopted. 

2. The striking out of sections or parts of sections, the continu- 
ance of which would be the mere repetition of what was elsewhere 
stated. 

3. Verbal alterations, making the language more definite or cor- 
rect. 

4. The introduction of new matter, making modifications more or 
less important. 

AH these changes are marked on the margin of the copy herewith 
submitted, and all new matter is, also, included in brackets. 
Of these changes making modifications in our present system : 



4 REPORT OF THE COMMISSION ON EDUCATION. 

1, The first is found in section 2, article V, confirming the appoint- 
ment, by the board of education, of a County Superintendent, 
when the board of chosen freeholders allow a month to pass without 
taking action on the subject. 

2, The second concerns the salary of the State Superintendent, 
(section 5) which is fixed at $2,500 a year. 

The services of this officer are onerous and most important, requir- 
ing knowledge, prudence, forbearance and courage, qualifications for 
which this cannot be thought an extravagant compensation. 

3. At §11, §30, §67 the following is inserted : " nnless the State 
Board of Education shall, for good cause shown, otherwise direct." 

It was thought that cases will sometimes arise, when the interests 
of a school and a district might suffer greatly, unless a wise discre- 
tion were allowed exercise. This discretion, it was felt, could be 
safely left with the State Board of Education, where our State legis- 
lation in a similar case (section 2, free school law) had previously left 
it. The cases where this discretion is to be exercised, are specifically 
named. 

4. §19-21 are entirely new, recommending the appointment of one 
Inspector in each of the Congressional Districts of the State. 

An inspection intermediate between that of the State and County 
Superintendents seems to be the great want of our present system. 
The Commission are of the opinion, that outside of our larger cities 
there is no adequate inspection of the schools. There is needed a far 
closer supervision of them, a constant watching of their practical 
working, and the immediate reporting for correction of whatever is 
faulty. Hon. Edward Danforth, Deputy State Superintendent of 
Public Instruction of New York, says : " The superiority of public 
elementary instruction in Holland to that of any other European 
State, according to the unanimous testimony of her own distinguished 
educators, and those of other countries, is entirely attributed to a 
system of inspection which, for completeness and thoroughness, is 
probably unequalled in any other country on the globe. W. E. 
Hickson, an English critic, remarks: ' The Dutch school-masters are 
decidedly superior to the Prussian, and the schools of primary in- 
struction, consequently, in a more efficient state. This superiority 
we attribute entirely to a better system of inspection. In Holland, 
inspection is the basis upon which the whole fabric of popular in- 
struction rests.' " 

The increased expense caused by the appointment of the compe- 
tent men, who will devote their whole time to this inspection, will 
bearno kind of proportion to the good which will be effected. Among 
our County Superintendents we have active and competent men, who 
can be assigned to this work. The Commission are of the unanimous 
opinion, that our schools can never become what they may and ought 
to be, unless the school room and its practical working are more 
closely watched. 

5. § 43 and § 92 give school trustees power to build, repair or 



REPORT OF THE COMMISSION OX EDUCATION. 5 

improve school buildings, and to borrow money or incur debt for 
such purpose as they may be directed by a majority of the legal 
voters present at any legally called meeting of the district. 

It is thought that the present law, requiring a two-thirds vote, 
gives too much power to the ignorant and selfish, whereby they may 
defeat great purposes looking to the public welfare. If it is a sound 
principle that the majority should rule, there is certainly no majority 
with which the exercise of the right can be so safely left as with that 
which is ready to tax itself to further the cause of education. 

6. § 43, VIII, orders that books shall be provided for indigent 
children at the expense of the district. 

None can judge so well of the indigence of an individual as the 
people of his own district ; and it is right tliat a district should take 
care of its own poor. 

7. § 49 makes the twenty-second of February a school holiday. 

8. § 55 gives a city board of examiners power to recognize the 
certificate of a county board of examiners, and, without examination, 
issue to the holder a certificate of a corresponding grade. 

9. § 56. Drawing and singing are required to be taught in the 
State Normal School. 

These branches of study are becoming every day more important 
in the view of all sound educationists. 

10. § 60 and § 65 contain important new matter in regard to the 
pupils of the Normal School. Requiring — first, a competitive exami- 
nation of candidates by the county board of examiners; and secondly, 
appropriates $5,000 a year to establish fifty scholarships, of $100 
each, to be competed for by the pupils of the Normal School, the 
successful candidates giving satisfactory bonds to the Treasurer of the 
State that they will teach five consecutive years in some public school 
©f this State. 

The Commission commend these provisions, and especially the 
second, to the attention of the Legislature. 

11. § 66 names the branches of study which shall be taught in our 
public schools, and permits the teaching of drawing and singing. 

12. § 71 provides schools in the day or evening for persons over 
fifteen years of age. 

The provisions of this section will commend themselves to all good 
men, as it cares for those whose time is chiefly occupied during the 
ordinary working hours of the day in the active pursuits of life. 

13. § 72 and § 74 care for the physical and intellectual welfare of 
children under twelve years of age, employed in any manufacturing 
or mechanical establishment in the State. 

The Commission are sure that these provisions need no word of 
defence. 

14. § 75 gives permission, by a majority vote, to any incorpo- 
rated town or school district to make provision for the education of 
habitual truants, and vagrant and vicious youth, between the ages of 
seven and sixteen years. 



6 REPORT OF THE COMMISSION 0^ EDUCATION. 

It is thought that no general law on this subject, binding on the 
whole State, is practicable. Still, it is well known that special 
enactments have been most successfully tried in two or three cities 
of other States, and it is thought right to give this liberty of making 
special laws to any community in which these great evils of truancy 
and youthful vagrancy prevail. It is further believed that the evils 
can be thus met and mastered in our large cities, and the decision of 
the question is left, where it should be, with the people themselves. 

16. § 76 names the branches which shall be taught in a graded 
school. 

I. The Commission have spent much time and thought in the prepa- 
ration of this body of laws. They have also taken much pains to 
learn what the wise and good of other States and countries have done 
in regard to education, and wherein educational efforts have failed 
or been successful. And so far as they could they have submitted 
this body of laws to the leading educationists of our own country for 
their criticisms, and have carefully weighed all the replies which 
have been kindly made. It is proper to add that all the replies 
which have been received, with one exception, are commendatory of 
the draft which accompanies this report. 

II. Th6 act to facilitate the establishment of high schools in this 
State, herewith submitted, embodies, in the judgment of the Commis- 
sion, what our State now needs and may safely undertake. Less 
than this would perhaps avail little, while to attempt more might 
retard rather than facilitate the end sought. 

III. The act in relation' to state scholarships provides that, after a 
rigorous competitive yearly examination, a student of high gifts 'and 
attainments shall be sent from each of the Congressional Districts of 
the State to any one of the colleges of the State which the candidate, 
with the consent of his parent or guardian may select, and be there 
supported at the expense of the State. The act also provides that 
the candidate must maintain a high grade of scholarship in the col- 
lege, or the aid of the State will be withdrawn. 

It is thought that these scholarships will give a most healthful 
impulse to the aims and efforts of the youth of the State. 

The Commission also agree with the State Board of Education that 
the yearly appropriation to the State Normal School should be 
$15,000, exclusive of the $5000 for scholarships in the school. 

As some persons may object that the new features of these acts will 
greatly increase the expense of education, a tabular view of the 
additional expense is subjoined. 

ADDITIONAL EXPENSES. 

Sec. 5. Increased salary of State Superintendent $ 600 

Sec. 20. Salaries of seven Inspectors 14,000 

Sec. 65. Scholarship fund of Normal School - 5,000' 



REPORT OF THE COMMISSION ON EDUCATION. 7 

STATE SCHOLARSHIP ACT. 

1st year, 7 scholarships $1,400 

2d year, 14 " 2,800 

3d year, 21 " 4,200 

4th year, 28 " 5,600 



This last is the maximum $5,600 

Additional appropriation to Normal School 5,000 

$30,100 

The Commission would state, in conclusion, that'they are of one 
mind on all the points herein submitted, and believe that if they are 
adopted by the Legislature, our system of education will be adequate 
to our present needs. 

All of which is most respectfully submitted, 

WILLIAM H. CAMPBELL, Chairman 
CHARLES D. DESHLER, 
JAMES McCOSH, 
WILLIAM McKEEN, 
AUSTIN H. PATTERSON, 
CHARLES NORDHOFF. 
JOHN Y. FOSTER, Secretary. 

January 30th, 1872. 



Ax Act to establish a system of Public Free Instruction. 
ARTICLE I. 

STATE BOARD OF EDUCATION. 

1. Be a enacted by the Senate and General Assembly of 
the State of JYew Jersey, That the general supervision and 
control of public instruction in the State of New Jersey, 
shall be vested in a State Board of Education, which Board 
shall consist of the Trustees of the school fund and the Trus- 
tees of the State Normal School, appointed as hereinafter 
provided, together with the Treasurer thereof. 

2. A}id be it enacted, That the State Board of Education 
shall have power and it shall be their duty : 

I. To frame and modify at pleasure such By-Laws as may 
be deemed expedient for their own government, not incon- 
sistent with the provisions of this act, and to prescribe and 
cause to be enforced all rules and regulations necessary for 
carrying into effect the school laws of the State ; 

II. To consider the necessities of the public schools, and 
recommend to the Legislature, from time to time, such addi- 
tions and amendments to the laws as are deemed necessary 
for perfecting the school system of the State ; 

III. To appoint the State Superintendent of Public In- 
struction ; * 

IV. To appoint Inspectors of Schools, one for each Con- ™«>i*°«'' 
gressional district in the State ; see Article 3. 

V. To appoint the County Superintendents of the several The^words 
counties in the State, subject to the approval of the Board ^^^^^^"^w 
of Chosen Freeholders of the several counties at their first 
meeting after the appointment by the State Board, but in 

all cases where [a month elapses and] no action is taken by any 
Board of Chosen Freeholders, approving or disapproving, 
then the appointments made by the State Board shall be 
valid without such approval; 

VI. To prescribe all rules and regulations for holding 
Teachers' Institutes ; 

VII. To order any secessary repairs to the grounds, 
buildings and furniture of the State Normal School, and to 
keep said buildings and furniture insured, and the Comp- 
troller shall draw warrants for the payment of the same, 
upon the certificate of the President of the Board ; 



10 bj:port of the commission on education. 

Twords YllL To authorize the payment by the State Treasurer, 
matter!* "^"^ upou the Warrant of the State Comptroller, of all the neces- 
sary incidental expenses incurred by the State Superin- 
tendent and the [Inspectors of Schools] in the performance 
of their official duties ; 
The words IX. To dccide all appeals from the decisions of the State 
brackets new Superintendent of Public Instruction [and to confirm or dis- 
^^ '^'^' allow the suspension or revocation of teachers' licenses when 
proposed by him.] 

3. j^nd be it enacted, That the members of the Board 
shall receive no compensation for their services, but the 
State Treasurer shall pay the necessary expenses of the said 
members, upon the warrant of the State Comptroller. 

4. jJnd be it enacted, That the Board shall report annu- 
ally to the Legislature in regard to all matters committed 
to their care. 

ARTICLE IL 

STATE SUPEEINTENDENT OF PUBLIC INSTRUCTION. 

5. And be it enacted, That the State Superintendent of 
Public Instruction shall be elected by the State Board of 
Education, by ballot, and shall hold office during the pleasure 
of the Board, not to exceed the term of three years, receiv- 
ing annually a salary of two thousand five hundred dollars ; 
provided, that nothing herein contained shall prevent his re- 
election. 

6. Jlnd be it enacted. That he shall have his office in the 
State House in Trenton. 

' 7. And be it enacted, That he shall carry out the instruc- 

tions of the Board of Education, and enforce all the rules 
and regulations prescribed by them. 
The^]^ords g. And be it enacted, That he shall be, ex-officio, Secretary 
^rackets new of the Board of Education, [President of the State Board of 
Inspectors,] President of the State Association of School Su- 
perintendents, and a member of the State Board of Ex:am. 
iners, and of all county and city boards of examiners. 
The words 9. And be it enacted, That he shall have the supervision 
brackets new of all thc schools of the Slate receiving any part of the State 
appropriation, and shall be the general adviser and assistant 
of the County Superintendents; he shall, from time to time, 
as he shall deem [needful] for the [welfare] of the schools, 
address circular letters to said Superintendents, giving ad- 
vice as to the best manner of conducting schools, constructing 
[heating, ventilating and furnishing] school houses, and pro- 
curing competent teachers. 

10. And be it enacted. That it shall be the duty of the 



REPORT OF THE COMMISSION ON EDUCATION. 11 

State Superintendent of Public Instruction, under the direc- i^^tmnsposed 
tion of the Trustees of the School Fund, on or before the ^'/'^^H''- •* 
first day of January of each and every year, to apportion the pfemeLrand 
moneys received from the tax imposed by this act [together |^^fec."w of 
with the moneys derived from the State school fund, and ^|,°%''oV^'^- 
such other moneys as may be appropriated by the State for ^^J?]^tgjjg^ 
public school purposes], among the several counties of this matter. 
State, in proportion to the number of children included in 
the last published school census of the said counties respect- 
ively ; provided, that all the children residing in fractional 
districts, situated in two or more adjoining counties, shall 
be included in the census of that county in which the 
fraction containing the school house is situated ; and it shall 
be his further duty, on or before the tenth day of January 
of each and every year, to draw orders on the Comptroller 
of the Treasury, and in favor of the County Collectors, for 
the payment of the money thus apportioned ; and the said 
County Collectors shall apply for and be entitled to receive 
the moneys thus apportioned, as soon as the orders for the 
same are received ; and provided further, that no portion of 
said moneys shall be apportioned to or be used for the sup- 
port of sectarian schools. 

11. Jlndbe it enacted, That [unless the State Board of I-l'thiL"'*^' 
Education shall, for good cause shown, otherwise direct] he mane?!^'^^^ 
shall have power, and it shall be his duty to direct and cause 
the County Superintendent of any county, or any Board of 
Trustees or school officers, to withhold from any officer, or 
district, or teacher that part of the State appropriation de- 
rived from the revenue of the State, until such officer, district 
or teacher shall have complied with the provisions of this 
act and its supplements relating to his, its or their duties, 
and with all the rules and regulations made in pursuance 
thereof by the State Board of Education; [and, unless the 
State Board of Education, for good cause shown, otherwise 
direct] he shall forbid the payment of said part of the State 
appropriation to any district in which the school or schools 
have not been kept according to law, and he may forbid the 
payment of the same to any district, in which a public school 
has not been kept for at least nine months during the year 
next preceding the demand for payment ; [and by and with 
the advice and consent of the State Board of Education, he 
shall have power, and it shall be his duty to suspend or re- 
voke the license of any teacher, when the Inspector of Schools 
for the District shall make formal report that such teacher 
does not possess the attainments or qualifications which are 
essential to his office, or that the school or department of a 
school under the charge of such teacher is suffering from his 
or her incompetency, or from his or her failure or inability 



12 REPORT OF THE COMMISSION ON EDUCATION. 

to govern or instruct the children who are under his or her 
care]. 
The words 12. And be it enacted, That he shall prepare and cause to 
brackets new ^6 printed suitable forms for making all reports and conduct- 
matter, jjjg 2\\ necessary proceedings under the school laws of this 
State [and], shall transmit them to the local school officers 
and teachers ; he shall [also] cause all school laws to be 
printed in pamphlet form, and shall annex thereto the 
forms for making reports and conducting school business. 
The^words 13. Jlnd be it enacted, That he shall decide, subject to 
^rackets new appeal to the State Board of Education, and without 
cost to the parties, all controversies or disputes that may 
arise under the school laws of the State, or under the rules 
and regulations prescribed by the State Board of Education, 
the facts of which controversies or disputes shall be made 
known to him by [the] written statements [of] the parties 
thereto, verified by oath or affirmation, if required, and 
accompanied by certified copies of all documents necessary 
to a full understanding of the question in dispute ; and his 
decision shall be binding until a different decision shall be 
given by the State Board of Education. 

14. And be it enacted, That he shall preserve in his office 
such school books, apparatus, maps, charts, works on educa- 
tion, plans for school buildings, and other articles of interest 
to school officers or teachers, as may be procured without 
expense to the State. 

15. And be it enacted, That he shall file all school reports 
of this State and of other States which may be sent to his 
office, shall keep a record of all the acts connected with his 
official duties, and shall preserve copies of all the decisions 
given by him. 

16. And be if enacted, That he shall provide a seal with a 
suitable device for use in his office, by which all his official 
acts and decisions may be authenticated. 

17. And be it enacted. That he shall report to the State 
Board of Education, at its annual meeting in December of 
each year, the condition of the public schools, and of all 
the educational institutions receiving support from the 
State, which report shall contain full statistical tables of all 
items connected with the cause of education that may be of 
interest to the school officers or people of the State, together 
with such plans and suggestions for the improvement of the 
schools and the advancement of public instruction in the 
State, as he shall deem expedient. 

18. And be it enacted. That at the expiration of his term 
of office, he shall deliver to his successor his official seal, 
together with all property, books, documents, maps, records, 



REPORT OF THE COMMISSION ON EDUCATION. 13 

reports, and other papers belonging to his office, or which 
may have been received by him for the use of his office. 

ARTICLE III. 

INSPECTORS OF PUBLIC SCHOOLS. 

19. [And be it enacted, That the State Board of Educa- Tji?|^{;tf^«°f 
tion shall appoint one person for each Congressional District, JlrTndtakes 
as provided in the fourth provision of section two, of suita- Pf'fhe'oitf 
ble qualifications and attainments, as the Inspector of Pub- Article ni. 
lie Sciiools for that Congressional District, who shall reside i;^^^'i Y^^^^h is 

Article IV oi 

within the same, and shall hold office during the pleasure of ti'is draft.' 
the Board, not to exceed the term of three years ; provided, 
that nothing herein contained shall prevent his reappoint- 
ment. 

20. And be it enacted, That the yearly salary of each In- 
spector of Public Schools shall be two thousand dollars ; 
and he shall be also reimbursed the traveling expenses ac- 
tually incurred and paid by him, not to exceed three dollars 
per day. 

21. And be it enacted, That the Inspector of Public 
Schools shall devote his time exclusively to t!ie duties of his 
office; he shall visit and inspect each public school within 
his allotted district as often as may be necessary ; he shall 
carefully observe the condition of each school as to the 
buildings and accommodations ; the order and discipline 
maintained ; the quality and amount of education dispensed, 
and the punctuality and regularity of attendance, both of the 
pupils and teachers ; and he shall make an annual report of 
the same, and of the other duties performed by him, on or 
before the first of October in each year, to the State Super- 
intendent, in the manner and form prescribed by him , h3 
shall suggest or recommend to any teacher such improve- 
ments in teaching or government as he may deem important, 
and shall inform the County Superintendent, in writing, of 
such suggestion or recommendation ; but if it shall appear to 
the Inspector of Public Schools that any teacher fails or is 
unable to impart sufficient instruction, or to preserve order 
and decorum, or is of confirmed bad habits, or suffers his 
school to fall below its just standard — then, and in such case, 
the Inspector of Public Schools shall make an immediate 
report of the facts of the case, in duplicate, to the State 
Board of Education and the State Superintendent, with a 
recommendation for the suspension or revocation of the 
license of said teacher, if in his judgment the same be de- 
manded by the public welfare ; it shall also be the duty of 
the Inspector of Public Schools to take measures to dijffuse 



14 KEPORT OF THE COiAIMISSlON ON EDUCATION. 

among the people, bj means of public addresses and confer- 
ences with citizens, educational boards, and teachers, such 
information as will best promote the interests of education. 
22. And be it enacted^ That the Inspectors of Public 
Schools, together with the State Superintendent, shall con- 
stitute an association to be called " The State Board of In- 
spectors," of which the State Superintendent shall be Presi- 
dent, ex officio, which shall meet once every six months, or 
as much oftener as they may deem necessary, and shall de- 
vise and perfect a uniform plan of school inspection (to be 
reported to the State Board of Education), and shall adopt 
measures to elevate the standard of education in the State, 
and to inform the people upon all subjects connected with 
the interests of public schools.] 

ARTICLE IV. 

COUNTY SUPERINTENDENTS. 

Section 19 of 23. And be it enacted, That the State Board of Education 
genera aw. g|j,^Q appoiut for cach county one person, as provided in the 
fifth provision of section two, of suitable attainments, as the 
County Superintendent of public schools for that county, 
who shall hold office during the pleasure of the Board, not 
•^ to exceed the term of three years; provjcJec?, that nothing 
herein contained shall prevent his re-appointment. 
Sec. 20 of 24. And be it enacted, That the yearly salary of the County 

special act Superintendent shall be at the rate often cents for each 
County su- child iu the county, between the ages of five and eighteen, 
deutl*"^' as ascertained by the school census report for the year one 
thousand eight hundred and seventy, which salary shall be 
paid by the county collector, on the warrant of the State 
Superintendent; provided, that the salary shall in no case 
be less than five hundred dollars, nor more than twelve hun- 
dred dollars, and provided, that in case any city shall have a 
City Superintendent of Schools, who is not also the County 
Superintendent, the children belonging to such city shall not 
be counted in determining the salary of the County Superin- 
tendent; and the supervision of the schools of said city, 
which would otherwise belong to the County Superintendent, 
shall devolve upon the City Superintendent ; and provided 
further, that in addition to the said salary, each County Su- 
perintendent shall be allowed such sums as he may need to 
pay the actual expenses incurred by him in the performance 
of his official duties, which sums shall be paid by the collec- 
tor of the county on the order of the State Superintendent of 
Public Instruction ; provided, that no such order shall be 
given in favor of any County Superintendent until such 



School 
ement, 
ubsti- 
tuted for sec. 



REPORT OF THE COMMISSION ON EDUCATION. 15 

County Superintendent shall have furnished the State Board 
of Education a certified statement under oath, by items, of 
the expenses he has incurred, and that during the year for 
which said order is drawn, he has performed faithfully all 
the duties imposed by this act or any supplement thereto, 
and by the regulations of the State Board of Education ; 
and provided further, that in no case shall the expenses 
aforesaid exceed three hundred dollars annually, for each 
County Superintendent. 

25. And be it enacted, That he shall examine and license section 24 of 

• n 1 IT • -%■ ' 1 1 ssneral law. 

teachers, fix the boundaries of school districts, divide and 
unite districts, form new districts, provide for graded 
schools, and discharge other duties of general supervision 
and superintendence over the public schools of the county, 
in accordance with the regulations prescribed from time to 
time by the State Board of Education. 

26. And be it enacted, That it shall be the duty of the I'^^To^^ot 
County Superintendent of each county, to apportion to the ^^'p^^,; 
several townships of his county, and to the towns and cities ^^^f^ 
therein not included in said townships,, and also to the sev- ^j.-l^^^;'!^^^ 
eral school districts, the State school money, together with gu^^'^sg^lg^d 
the interest of the surplus revenue belonging to said county, ^y "• 
and such other moneys as may be raised for school purposes, 

upon the basis of the last published school census ; provided, 
that all the children residing in fractional districts, situated 
in two or more adjoining townships, shall be included in the 
census of that township in which the fraction containing the 
school house is situated ; and provided also, that no district, 
except those which have less than forty-five children, shall 
receive less than three hundred and fifty dollars; and it shall 
be his further duty, on or before the tenth da5- of February 
of each and every year, to draw orders on the County Col- 
lector, and in favor of the Township Collectoi-s and City 
Treasurers of his county, for the payment of said moneys 
so apportioned, and said collectors and treasurers shall apply 
for and be entitled to receive the same as sson as such 
orders are received. 

27. And be it enacted. That he shall have power, and it||^-^^°/ 
shall be his duty to appoint trustees for any district which 

for any cause fails to elect at the regular time ; to appoint 
trustees to fill vacancies, and to appoint the first trustees 
for any new district ; provided, however, that when a new 
district is organized, such of the trustees of the old district 
as reside within the limits of tlie new one shall be trustees 
of the new one, and the vacancy in the old district shall be 
filled by his appointment. 

28. And be it enacted, That in case of the failure of any 



16 REPORT OF THE COMMISSION ON EDUCATION. 

fnSrf District Cleric or City Superintendent to send liis annual 
froml'ertTons ^Gport to the Couuty Superintendent of his county, in the 
Free School ^^^^ prescribed, on or before the first of September, such 
supplement. Couuty Superintendent shall make up his report of such dis- 
trict or city, from the last puljlished report of the State 
Superintendent ; in making up such report, however, he shall 
deduct one-fifth from the school census : provided, however, 
that all such cases of delay or negligence shall be reported 
to the State Superintendent of Public Instruction, whose 
duty it shall be to investigate the same, and to restore the 
number deducted from the school census, in all cases when he 
receives satisfactory reasons for such delay or negligence. 

29. JInd be it enacted, That the County Superintendent 
shall have power to administer all necessary oaths or affir- 
mations to district clerks and other school officers, for which 
he shall receive no compensation. 
Words in 30. Jind belt enacted. That, [unless the State Board of 

matter!^ """^ Educatiou shall for good cause shown, otherwise direct,] the 
gen. law!^ Couuty Superintendent shall have power to withhold that 
part of the State appropriation derived from the revenue of 
the State from any district in which the inhabitants fail to 
provide a suitable school building and out houses, or in 
which the existing buildings shall be pronounced by him 
unlit for use; and for that purpose he may serve a notice on 
the township collector to withhold the payment of the same 
from such district. 
len.Kw^ 31. And be it enacted. That it shall be the duty of the 

County Superintendent, at such time and place as the State 
Superintendent may appoint, to examine such candidates for 
State scholarships at the Agricultural College, as may present 
themselves, afid the candidates shall be subjected to such 
examination as the Faculty of the said College and the State 
Superintendent sliall prescribe; and the candidates who 
shall receive certificates of appointment to the Agricultural 
College in any one county shall be those who obtain on such 
examination the highest average for scholarship; and the 
number of certificates thus granted shall in no case exceed 
the number of State scholarships to which said county is 
entitled. 
Sec. 28 of 32. Jlnd be it enacted. That in all controversies arising 

under the school law, the opinion and advice of the County 
Superintendent shall first be sought, and from him appeal 
may be made, if necessary, to the State Superintendent of 
Public Instruction. 
Sec. 29 of 33. Jind be it enacted. That the County and City Supei'- 

^vordtTn intendents [and the Inspectors of Public Schools,] shall 
matter!^ °^^ together constitute an association, [of which the State Super- 
intendent shall be President, ex-offi,cio~\, to be called " The 



REPORT OF THE COMMISSION ON EDUCATION. 17 

State Association of School Superintendents," which associa- 
tion shall meet [annually] at such time and place as the 
State Board of Education may appoint. [This association 
is empowered to make such recommendations and sugges- 
tions to the State Board of School Inspectors, with reference 
to school inspection, as they may deem necessary.] 

34. Jind he it enacted, That each County Superintendent |^^- j^^f 
and each City Superintendent, on or before the first of 
October of each year, shall make an annual report to the 
State Superintendent in the manner and form prescribed by 

him. 

ARTICLE V. 

SCHOOL TRUSTEES. 

35. Jsnd he it enacted, That an annual meeting for thesec.siaf 
election of school trustees shall be held in each district, on ^''°' '^^' 
the first Monday of September in each year, at the district 
school house, if there be one, and if there be none, at a place 

to be designated by the district clerk, who shall post no- 
tices thereof, specifying the date, time, object and place of 
such meeting, in at least three public places in the district, 
one of which shall be at the school house, if there be one, at 
least five days previous to the time of meeting ; the voters 
shall be legal voters of the district, and a plurality of votes 
shall elect ; and no person shall be eligible to the office of 
trustee, unless he is a resident in the district; \ provided, ^^'''}^}'<^ 

ji , ■ -2 i 1 • r, -I r. 'i'Tt . 'brackets new 

that m every city or town having a Board of Education matter. 
created by special laws, the annual meeting for the election 
of members of the same shall be held at the times and under 
the regulations prescribed by said special laws.] 

36. And he it enacted. That in all districts in which elec- fuch,!;^''^^ 
tions have been previously held, one trustee shall be elected same as^ 32 to 
for the term of three years, and if there are vacancies to be ofgen.iaw.' 
filled, a sufficient number shall be elected to fill them for the bracket^new 

T , matter. 

unexpired terms. There are 

37. And be it enacted, That in new districts acting under datio^ns^fn*'^' 
trustees appointed by the County Superintendent, three ^142'' ""^ 
trustees shall be elected, for one, two and three years 
respectively, and the term of each trustee shall expire, suc- 
cessively, on the first Monday of September. 

38. And he it enacted, That each Board of Trustees shall, 
within ten days after the annual election, meet at the school 
house, or at some other convenient place, and proceed to 
elect one of their number clerk of the board, who shall be 
known and referred to as " district clerk ;" and on their 

2 



18 REPORT OP THE COMMISSION ON EDUCATION. 

failure to do so, the County Superintendent shall appoint 
said clerk. 
Words in 3-^- -^'i^ ^^ *^ enacted, That the [district clerk] shall re- 

matten^'^^^ cord, in a suitable book, all proceedings of the board, and 
of the annual and special school meetings ; [he shall] pay 
out, by orders on the township collectors,^in the manner pre- 
scribed by law, all school moneys of the district, whether 
received from the State, township or district ; he shall keep 
a correct and detailed account of all expenditures of school 
moneys in his district, and report the same to the County 
Superintendent, and also to the township committee ; [and] 
at each annual school meeting he shall present his record 
book and accounts for public inspection, and shall make a 
statement of the financial condition of the district and of 
the action of the trustees. 
Words ia 40. And be it enacted, That [the district clerk shall take 

mattw/''^^ annually in the month of August, between the first and 
twentieth day of said month, an exact census of all children 
residing in the district between the ages of five and 
eighteen, not including children who may be inmates of 
poor-houses, asylums or alms-houses, and shall specify the 
names and ages of such children, and the names of their 
parents or guardians; ([it being understood that] all chil- 
dren who may be absent from home, attending colleges, 
boarding schools, and private seminaries of learning, shall 
be included in the census list of the city, town or district in 
which their parents or guardians reside, and [shall] not be 
taken by the district clerk of the city, town or district 
where they may be attending such institution of learning;) 
and he shall make a full report thereof, [certified by his] 
oath or affirmation that the same is correct and true, on the 
blanks furnished for that purpose, to the County Superin- 
tendent, on or before the first day of September next after 
his appointment, and keep a copy of the same for the use of 
the School Trustees, and shall receive for his services such 
compensation as the board of Trustees may allow, 
wordsin 41. Jind be it enacted, That [the district clerk] shall keep 

Jatten'"'^^^ the school buildiugs in repair; he shall provide necessary 
fuel, and such supplies of crayons for blackboards, for the 
use of the pupils, as are necessary in carrying out the course 
of study prescribed therein ; which repairs and Supplies 
shall be paid out of the moneys raised by the district, 

42. Jind be it enacted, That every school district shall be 
known by the name and number assigned to it by the County 
Superintendent, in accordance with the general regulations 
of the State Board of Education, and the Trustees thereof 
shall be a body corporate, to be called and known by the 
name of " The Trustees of School District Number , in 



REPORT OF THE COMMISSION OX EDUCATION. 19 

the county of ," and shall be capable of suing and be- 
ing sued, in all courts and places whatever, and of purchas- 
ing, holding and conveying real and personal property for 
the use and benefit of the schools of such district, and may 
have a corporate seal. 

43. And be it enacted, That the Board of Trustees of any 
school district shall have power, and it shall be their duty : 

I. To employ and dismiss teachers, janitors, mechanics, 
and laborers, and to fix, alter, allow and order paid their 
salaries and compensations ; 

U. To make and enforce rules and regulations not in 
conflict with the general regulations of the State Board of 
Education, for the government of schools, pupils and 
teachers ; 

III. To build [repair or improve] school buildings; to words in 
buy, lease or sell school lots; [and to borrow money or in- matten^"^"^ 
cur a debt or debts for such purpose ;] as they may be 
directed by a [majority of the legal voters present at any 
legally called meeting of the district;] 

IV. To rent, furnish, and repair school buildings, and 
keep the same insured ; 

Y. To purchase personal property, and to receive, lease 
and hold in fee, in trust for their district, any and all real 
or personal property, for the benefit of the schools thereof; 

VI. To enforce the regulations prescribed by the State words in 
Board of Education; and, in connection with the County matte?!* '^^'^ 
Superintendent, to prescribe the course of study to be pur- 
sued [in conformity with this act,] and a uniform series of 

text books to be used in the school or schools under their 
charge ; 

VII. To suspend or expel pupils from school; 

VIII. To provide books for indigent children, [at the wordsin 

r. ,1 -!• , • ,-, ■- brackets new 

expense oi the district] ; matter. 

IX. To require all pupils to be furnished with suitable 
books, as a condition of membership in the school ; 

X. To require every teacher to keep a State school re- 
gister ; 

XI. To call a special meeting of the legal voters of the 
district, at any time when, in the judgment of the Trustees, 
the interests of the school may require it ; which meeting 
shall be called in the manner provided in section ninety-two 
of this act for calling the annual district meeting ; and no 
business shall be transacted at said special meeting except 
such as had been set forth in the notices by which said 
meeting was called ; 

XII. To permit a school house to be used for other than 
school purposes, when a majority of the Trustees present 
shall so agree, at a meeting regularly called for that purpose ; 



20 EEPORT OF THE COMMISSION ON EDUCATION. 

XIII. To make an annual report, on or before the first of 
September, to the County Superintendent, in the manner and 
form prescribed by the State Superintendent of Public In- 
struction. 
Transposed 44. And be it enacted, That all school moneys belonging 
School sup't, to fractional districts shall be held subject to the order of 
^^'^' ^' the trustees by the collector of that township in which the 

fraction containing the school house is situated. 
Sec. 40 of 45. And be it enacted, That the District Trustees of eacli 

gen. law. towuship shall together coudtitute an association, to be called 
" The Township Board of Trustees ;" said Board shall meet 
at such times and places as the County Superintendent may 
appoint for the purpose of hearing from him communications 
and suggestions in regard to the management of the schools, 
and of submitting to him questions for advice or opinions 
relating to the same. 

ARTICLE VI. 

TEACHERS, 

This Article ^^' ^^'^' ^^ ^^ cnacted, That every teacher of a public 
is same as school shall kccp a school register in the manner provided 
gen!^^. ■ therefor, and no salary shall be paid to such teacher until 
brackets" are said rcgistcr is exhibited to the District Clerk or other officer 
The ™rovfso authorized to make payment, and until said officer finds by 
sec.^sibf gei! examination that the register has been properly kept for the 
TrM.sposed time for which salary is demanded, and enters upon the re- 

space. gjg|.gj, ^ certificate to that effect, 
wordsin 47. Afid be it enacted, That every teacher who shall leave- 

matter!'*''^^ a school before the close of the school year, shall, at the time 
of leaving, make to the County Superintendent a report of 
the school for all that portion of the current school year 
[during which] the school has been in his or her charge, and 
shall at the same time give a duplicate of said report, and 
surrender the school register to the district clerk ; and any 
teacher who may be teaching any school at the close of the 
school year, shall, in his or her annual report, include all the 
statistics from the school register for the entire school year, 
nottvithstanding any previous report for a part of the year; 
no school money shall be paid to any teacher for the last 
month of his or her services until the report herein required 
shall have been made and received, and the register exhi- 
bited ; provided, that in graded schools, in which there are 
more teachers than one, the principal teacher alone shall be 
responsible for the school report and register. 

48. And be it enacted, That no teacher shall be entitled^ 



REPORT OF THE COMMISSION ON EDUCATION. • 21 

to any salary unless such teacher shall be the holder of a 
proper teacher's certificate, in full force and effect 

49. And be it enacted, That in every contract, whether ^°J^e4°new 
written or verbal, between any teacher and board of trus- matter, 
tees, a school month shall be construed and taken to be 
twenty school days, or four weeks of five school days each ; 

and no teacher shall be required to teach school on Christmas 
day, the first day of January, [the twenty-second day of 
February,] the fourth day of July, and such days of fasting 
or thanksgiving as may be appointed by the President of the 
United States, or the Governor of this state; and no deduc- 
tion from the teachers' time or wages shall be made by reason 
of the fact that a school day happens to be one of the days 
referred to in this section ; any contract made in violation 
of this section shall have no force or effect as against the 
teacher. 

50. And be it enacted, That every teacher shall have power 
to hold every pupil accountable, in school, for any disorderly 
conduct on the way to or from school, or on the playgrounds 
of the school, or during recess, and to suspend from school 
any pupil for good cause ; provided, that such suspension 
shall be reported by the teacher to the trustees as soon as 
practicable ; and if such action is not sustained by them, the 
teacher may appeal to the County Superintendent, whose 
decision shall be final ; and further provided, that no teacher 
shall be permitted to inflict corporal punishment upon any 
child in any school in this State. 

51. And be it enacted. That in case of the dismissal of 
any teacher before the expiration of any contract entered 
into between such teacher and trustees, the teacher shall have 
the right of appeal to the County Superintendent, and if the 
County Superintendent shall decide that the removal was 
made without good cause, said teacher shall be entitled to 
compensation for the full time for which the contract was 
made; but it shall be optional with the trustees whether he 
or she shall or shall not teach for the unexpired term. 

ARTICLE VII. 

PUPILS. 

52. And be it enacted, That pupils of the public schools ™eM*Ar- 
shall comply with the regulations established in pursuance ''^^^^6 vl of 
of law for the government of such schools ; shall pursue the 
course of study, and use the series of text books prescribed 

by the trustees and County Superintendent, and shall submit 
to the authority of the teachers ; continued and wilful diso- 
bedience, or open defiance of the authority of the teacher, 



22 REPORT OF THE COMMISSION ON EDUCATION. 

or the habitual use of profane or obscene language, shall con- 
stitute good cause for suspension or expulsion from school ; 
any pupil who shall in any way cut, deface, or otherwise 
injure any school house, fences, or outbuildings thereof, shall 
be liable to suspension and punishment; and the parents of 
such pupil shall be liable for damages to the amount of the 
injury, on complaint of the teacher, the amount to be deter- 
mined by the trustees, and collected by the district clerk, by 
an action in debt therefor, in any court having jurisdiction, 
in his name as district clerk, together with the costs of said 
action. 

ARTICLE yill. 

BOARDS OP EXAMINERS. 

This article 53. And be it enacted, That there shall be a State Board 
tfchfvii of of Examiners, consisting of the State Superintendent of Pub- 
gen, law. |.^ Instruction, and the Principal of the State Normal School ; 
they shall have power, and it shall be their duty to hold 
examinations of teachers, and to grant State certificates or 
revoke the same, under such rules and regulations as the 
State Board of Education may prescribe, and a certificate 
thus granted shall entitle the holder, without further exami- 
nation, to teach in any part of the State, so long as the 
bSiete'new Certificate remains valid by the terms thereof, [or has not 
matter. bccu suspcndcd Or revoked, as provided in section eleven] 
and in any school not of a higher grade than that for which 
the certificate represents him as qualified. 
Words in 54. Jind be it enacted, That there sliall be in each county 

matter. a Couuty Board of Examiners, which shall be composed of 
the County Superintendent, who shall, ex officio, be chairman, 
and of a number of teachers, not to exceed three, to be ap- 
pointed by him, who shall hold office for one year from the 
time of their respective appointments ; but no [teacher] shall 
be appointed as County Examiner unless he holds either a 
State or a first grade county certificate ; the County Superin- 
tendent shall fill vacancies that occur from absence or other 
causes, but if he cannot find any teacher in his county quali- 
fied under the provisions of this section willing to serve, he 
shall conduct the examination himself; the Board shall meet 
at such times and places as may be designated by the 
chairman, and shall hold a session at least as often as once 
in every three months, and at the place and during the ses- 
sion of any teachers' institute held in the county ; each 
member of the board, except the County Superintendent, 
shall be paid for his services, in addition to his traveling 
, expenses, a sum not exceeding three dollars for each session 



REPORT OF THE COMMISSION ON EDUCATION. 23 

of said board, to be paid by the County Collector, on the 
order of the County Superintendent; provided^ that this 
compensation shall be paid only for the regular quarterly 
examinations ; and that whenever said board shall hold ses- 
sions at any other time, no compensation shall be allowed 
from the county ; but in cases of such special examinations, 
said board may chai'ge each applicant an examination fee 
not exceeding two dollars ; the County Board of Examiners 
shall have power to conduct examinations and to grant cer- 
tificates of different grades, in accordance with the general 
regulations on the subject prescribed by the State Board of 
Education, and the highest grade of certificate thus granted 
shall entitle the holder, without further examination, to teach 
in any part of the State, so long as this certificate remains 
valid [or has not been suspended or revoked as provided in 
section eleven], and in any school not of a higher grade than 
that for which the certificate represents the holder as quali- 
fied ; any county certificate lower than the highest grade 
will only entitle the holder to teach a school of a corres- 
ponding grade in the county for which such certificate was 
granted. 

bb. Jind be it enacted, That in every city having a Board ^[Ziltwvr 
of Education governed by special laws, there shall be a City "^^it'er. 
Board of Examiners, to consist of such members as said 
Board of Education of that city may appoint ; said Exam- 
iners shall have power, subject to such rules and regulations 
as may be prescribed by the City Board of Education, to 
grant certificates of qualification, which shall be valid for 
all schools of that city [unless suspended or revoked as pro- 
vided in section eleven] ; and no teacher shall be employed 
in any of the schools of that city unless possessing such cer- 
tificate, or a State certificate, nor in any school of a higher 
grade than that for which said certificate represents the 
holder to be qualified ; any City Board of Examiners may 
recognize the certificates of any other city [or of the County 
Board of Examiners], and, without examination, issue to the 
holders certificates of a corresponding grade. 

ARTICLE IX.— SCHOOLS. 

STATE NORMAL SCHOOL. 

56. And be it enacted, That there shall be a Normal This Article 
School, or seminary, for the training and education of teach- viii. of gen" 
ers in the art of instructing and governing the common schools 
of this State, the object of which Normal School or seminary words in 
shall be the training and education of its pupils in such mat'ttr!^"^'^ 
branches of knowledge [among which drawing and singing 



24 REPORT OF THE COMMISSION ON TDUCATION. 

shall alwa;s be included], and such methods of teachhig and 
governing as will qualif j them for teachers of our coiimion 
schools. 
to°'i^4"uew ^'^' ^'^^ *^ ^^ enacted, That there shall be a Board of 
nfuMer!"" Trustccs of Said Normal School, to consist of two trustees 
from each Congressional District ; the trustees already ap- 
pointed shall continue in office severally for the terms for 
which they shall have been appointed, namely, five whose 
terms expire .in eighteen hundred and [seventy-two], and 
five whose terms expire in eighteen hundred and [seventy- 
three] ; and annually thereafter, in the place of those whose 
terms are about to expire, the Governor shall nominate, and 
by and with the advice and consent of the Senate, shall appoint 
one trustee of said school from each Congressional District, to 
hold office severally for the term of two years and until their 
successors are appointed, so that there shall always be two 
trustees from each Congressional District ; and in case of 
any vacancy by death, resignation, or otherwise, a successor 
for the unexpired term shall in like manner be appointed ; 
the State Superintentent of Public Instruction shall be ex 
officio a member of said Board of Trustees. 

58. jlnd be it enacted, That the said trustees shall receive 
no compensation for their services, but the expenses neces- 
sarily incurred by them in the discharge of their duties, 
shall be defrayed out of the funds hereinafter appropriated 
for the support of said school. 

59. And be it enacted, That to the said Board of Trustees 
shall be committed the control and use of the buildings and 
grounds owned and used by the State for the use of the 
Normal School, the application of the funds for the support 
thereof, the appointment of teachers and the power of re- 
moving the same, the power to prescribe the studies and 
exercises of the school, and rules for its management, to 
grant diplomas, to appoint some suitable person treasurer 
of the board, and to frame and modify, at pleasure, such by- 
laws as they may deem necessary for their own government ; 
and they shall report annually to the Legislature their own 
doings and the progress and condition of the school. 

The words in 60. Jind be it enacted, That the number of pupils shall 
matter.*'''^^^ not cxcccd thrcc for each member of the Senate and General 
Assembly ; and each county shall be entitled to fill three 
times as many seats in the school as it has representatives 
in the Legislature ; the applicants shall give, on admission, 
a written declaration, signed with their own hands, that 
their object in seeking admission to the school is to qualify 
themselves for the employment of public school teachers, 
and that it is their intention to engage in that employment 
in this State for at least two years; [provided, that the 



REPORT OF THE COMMISSION ON EDUCATION. 25 

County Board of Examiners, in each county, siiall have the 
prior right to nominate said applicant for admission to the 
Normal School ; and, in order to a proper selection, shall 
institute public competitive examinations of candidates, at a 
time and place, of which due notice shall have been given.] 

61. And be it enacted, That at the opening of eacii term several em^ 
01 the Normal School, the principal, with his assistants, this section, 
shall examine applicants, and admit to the school such 

as may be possessed of the proper qualifications, till the 
number is reached to which each county may be entitled. 

62. And be it enacted, That in case any county is not fully 
represented, additional candidates may be admitted from 
other counties, on sustaining the requisite examination. 

63. And be it enacted, That the Board of Trustees shall 
appoint and procure the number of teachers which may be 
necessary to carry out, in the best and highest sense, the 
purposes and designs of this act, and shall furnish for the 
use of the pupils the necessary apparatus and text books, so 
far as the funds hereafter to be named and appropriated for 
the support of the school will allow ; and the tuition in the 
Normal School shall be gratuitous. 

64. And be it enacted. That the Board of Trustees are 
authorized to maintain a model school under permanent 
teachers, in which the pupils of the Normal School shall 
have opportunity to observe and practice the modes of in- 
struction and discipline inculcated in the Normal School, 
and in which pupils may be prepared for the Normal School. 

0)6. And be it enacted. That for the support of the Normal Thewordsin 

1 T 1 • f 1 . 'irackets new- 

School, and to carry out the purposes and designs oi this matter. 

act, there is appropriated hereby the annual sum of [fifteen] 
thousand dollars, to be paid out of the treasury of the State 
upon the warrant of the Comptroller; [and, in addition to 
the above sum, there is hereby appropriated the farther an- 
nual sum of five thousand dollars, to be paid out of the trea- 
sury of the State in like manner, which shall constitute a 
scholarship Fund, to be applied as follows : there shall be 
fifty scholarships of one hundred dollars each ; two of which 
shall be allotted to each county, to be competed for by the 
pupils in the Normal School from that county; and the 
remainder shall be open to free competition by pupils in the 
Normal School from the State at large ; the competitive ex- 
aminations above mentioned shall be conducted by the prin- 
cipal of the State Normal School, and his assistants ; j)ro- 
vided, that scholarships shall be awarded to these pupils 
only who shall first enter into a satisfactory bond to the 
Treasurer of the State, obligating themselves to teach in 
the public schools of this State for the term of five consecu- 



26 REPOUT OF THE COMMISSIOI^ ON EDUCATION. 

tive years, or to refund the amount paid them, upon a failure 
to do so from any cause save death.] 

PUBLIC SCHOOLS. 



This section QQ. And be it enacted, That [in every school district there 
'"''''• shall be kept for at least nine months in each year, at the 

expense of the inhabitants of said district, a sufficient number 
of free schools for the instruction of all the children who 
may legally attend public schools therein, in which every 
child shall be taught (in course) spelling, reading, writing, 
arithmetic, elementary geography, English grammar, and the 
History of the United States ; and in which there may be 
taught drawing and singing, and such other branches of 
knowledge as the trustees may deem expedient.] 
This section 67. And be it enacted, That the inhabitants of every school 
ilw!thV^^ district shall be required to provide [one or more] suitable 
wketsbe. school buildiugs and out-houses for the accommodation of 
i^ngnewmat- tjjgjj, children ; and in case such buildings are not provided, 
or those already in use shall be pronounced by the County 
Superintendent unfit for the purposes for which they are 
applied, such district shall be deprived of the benefit of that 
part of the State appropriation derived from the revenues 
of the State, until suitable buildings shall be erected, [unless 
the State Board of Education shall, for good cause, other- 
wise direct.] 
indVoare^ ^8. Jiudbc it enocled. That no school district shall hero- 
fromTre^ after bc formed which shall contain less than seventy-fire 
iecs°°8^io^' children, between five and eighteen years of age, and that 
&n(iu. after the passage of this act, each incorporate city or town 
shall constitute but one school district for all school pur- 
poses, and that such consolidated district shall hold all the 
property and be liable for all the lawful debts of the district 
so consolidated. 
Sec69ren- 69. And be it enacted, That not more than twenty dollars, 
gen.Taw'un- aunually, of the school moneys received by any school dis- 
necessary. ^^10,1, exccpt such as may be raised within the district, shall 
be used for any other purpose than the payment of teachers' 
salaries and for purchasing fuel. 

70. And be it enacted, That in case any school district or 
city shall use any of the school money apportioned to it for 
any other than public school purposes, such district or city 
shall forfeit, out of the next annual apportionment, a sum 
equal to twice the amount thus used ; and it shall be the 
duty of the County Superintendent to re-apportion the 
money thus forfeited among the other districts and cities of 
his county ; provided, the Superintendent may remit such 
penalty for cause. 



REPORT OF THE COMMISSION ON EDUCATION. 27 

71. And be it enacted, That every town or city, or any ^tif section 
one or more districts may, and every incorporated town or 

city containing ten thousand inhabitants shall establish and 
maintain, in addition to the schools required by law to be 
maintained therein, a school for the education of persons 
over fifteen years of age, and shall have power to raise by 
tax such additional sum or sums of money as may be neces- 
sary for the support thereof. When such a school is estab- 
lished, the trustees, or, in towns^and cities*having a Board 
of Education, the Board of Education, shall have the same 
superintendence over it as of other schools ; shall select and 
employ the teachers, and determine the term or terms of time 
in eaclryear, and the hours of the. day or evening during 
which said school shall be kept. And when such a school 
is established, by two or more districts jointly, it shall be 
governed by a joint board composed of the trustees of the 
combining districts, and be subject to such regulations as they 
or a majority of them may prescribe ; provided, that in such 
school, instruction in singing and drawing shall be at all 
times imperatively required. 

72. And be it enacted, That every child under the age of ^s.^ecdo^" 
twelve years, employed in any manufacturing or mechanical ^/^j^^^j^gg 
establishment within this State, must attend some public or law. largely 
private day school, approved by the Board of Education of 

the place in which such school is kept, at least three months 
during each and every year; provided, that tuition of three 
hours a day in a public or private school, approved as above, 
during a term of six months, shall be deemed the equivalent 
of three months' attendance at a school kept in accordance 
with the customary hours of tuition ; and no time less than 
sixty days of actual schooling shall be accounted as three 
months, and no time less than one hundred and twenty half 
days of actual schooling shall be deemed the equivalent of 
three months. 

73. And be it enacted, That no child under the age of™^/«^"°° 
twelve years shall be employed in any manufacturing or me- 
chanical establishment within the State more than forty-eight 

hours in any one week, or more than eight hours in one day. 

74. And be it enacted, That any owner, agent, superin- ™VpartT 
tendent or overseer of any manufacturing or mechanical es- [aw?su|htiy 
tablishment within the State, who shall knowingly employ a'^ended. 
or permit to be employed any child in violation of the pre- 
ceding sections, and any parent or guardian Avho allows or 
consents to such employment, shall for each ofience forfeit a 

sum not exceeding fifty dollars, to be recovered by indict- 
ment, to the use of the public schools in the city, town, or 
district where such establishment is situated ; and it shall be 
the duty of the school trustees or Board of Education, or of 



28 



REPORT OF THE COMMISSION ON EDUCATION. 



This section 
new; parts 
from Mass. 
law.; 



any constable where such establishment is situated, to see 
that the provisions of this act regulating the employment of 
children in manufacturing or mechanical establishments are 
complied with ; and to prosecute offences against the same ; 
but nothing in this section shall be so construed as to prohi- 
bit any person from prosecuting such offences. 

75. And be it enacted, That any incorporated city, town 
or school district shall have power, by a majority vote of the 
inhabitants legally entitled to vote, at the annual meeting 
for the election of trustees or members of the Board of Edu- 
cation, to make all needful provisions and arrangements, by 
means of a special school or otherwise, for the education of 
habitual truants and of all children between the ages of 
seven and sixteen years wandering about the streets or pub- 
lic places of any city, town or district, having no lawful oc- 
cupation or business, or who by reason of the neglect, crime, 
drunkenness or other vices of parents, or from orphanage, 
are not attending any school, and are growing up in igno- 
rance and idleness ; and may make and enforce such by-laws 
and ordinances respecting the reformation, restraint and 
education of such children as may be deemed most conducive 
to the public order and welfare ; provided, that such by-laws 
and ordinances shall not be repugnant to the laws of this 
State, and that no child shall be made the subject of such 
ordinances or regulations until his parents or guardian, or 
other person responsible for his conduct, shall have been 
personally admonished by the school superintendent of the 
town or district, or by the district clerk, that his continued 
or further absence from school will be considered as justify- 
ing the disciplinary intervention of the authorities charged 
with the prevention of vagrancy and crime. 

76. And be it enacted, That any [district, or] two or more 
districts, by a majority vote of the inhabitants at a meeting 
regularly called or advertised by the County Superintendent, 
or superintendents of the county or counties in which said 
districts are situated, may cause to be established and main- 

wordsin tained a graded school, [in which ?hall be taught, in course, 
^'•acketsnew in add i tiou to the branches mentioned in section sixty-tive, 
arithmetic complete, algebra to quadratic equations, plane 
geometry three books, descriptive and physical geography, 
and composition ;] and which shall be entitled, according to 
the number of children in attendance, [from each district] 
to its proper share of the State appropriation, and of the 
[State] school taxes belonging to the districts which have 
caused said graded schools to be erected ; and a school thus 
established shall be governed by a joint board composed of 
the trustees of the combining districts, and subject to such 
regulations as they may prescribe. 



Ttiis sectioa 
is 61 of old 
law. 



REPORT OF THE COMMISSION ON EDUCATION. 29 

77. And be it enacted, That the school year in all the pub- J^^i^f^l'^ 
lie schools, except those provided for in section seventy-one i'^^^- 

of this act, shall begin on the first day of September, and 
end on the last day of August. 

ARTICLE X.— REVENUE. 

STATE APPROPRIATIONS. 

78. Jlnd be it enacted, That the Governor of this State, ?;«io as sec. 
the President of the Senate, the Speaker of the House of liw. ^®''' 
Assembly, the Attorney General, the Secretary of State, 

and the Comptroller, and their successors in office, be, and 
they are hereby constituted and appointed Trustees of the 
fund for the support of public schools in this state, arising 
either from appropriations heretofore made, or which may 
hereafter be made by law, or which may arise from gift, 
grant, bequest or devise of any person or persons whatso- 
ever, which Trustees shall be known by the name, style and 
title of " The Trustees for the support of Public Schools ;" 
provided, that it shall not be lawful for any teacher, trustee 
or trustees, to introduce into or have performed in any school 
receiving its proportion of the public money, any religious 
service, ceremony or forms whatsoever, except reading the 
Bible and repeating the Lord's Prayer. 

79. And be it enacted, That the public stocks and monevs f -^m/ «s sec. 

1 ., ■111111 •/ d() 01 gGD, 

heretolore appropriated by law, shall constitute the funds in ^^'''• 
the hands of the Trustees appointed by the foregoing section 
of this act, and shall be held hj the said Trustees in trust ; 
the interest and dividends arising therefrom to be applied 
by the said Trustees, or a majority of them, for the support 
of public schools in this State, in the mode now prescribed 
or hereafter to be prescribed by any act or acts of the Legis- 
lature, and for no other use or purpose whatsoever; [and T}?e "words in 
that all moneys hereafter received from the sales and rentals I'^^fy^i "ex- 
of the land under water belonging to this State, shall be i»c?e1ise^ 
paid over to the Trustees of the School Fund, and appro- p^^^scd Aplii 
priated for the support of free public schools, and shall be *''^"'' 
held by them in trust for that purpose, and shall be invested 
by the Treasurer of the State, under their direction, in the 
same manner as the funds now held by them are invested ; 
the same to constitute a part of the permanent school fund 
of the State, and the inierest thereof to be applied to the ™Mi?o?d 
support of public schools, in the mode which now is or here- rianSt 
after may be directed by law, and to no other use or purpose 
whatever.] 

80. And be it enacted, That the fund above mentioned, 
together with all the moneys which shall be received by the 



30 REPORT ON THE COMMISSION ON EDUCATION. 

fif^/gen.^'"'' treasurer in payment of the principal or interest of the bank 
1^^- or turnpike stock belonging to the fund for the support of 

free schools, all tlie taxes which may hereafter be received 
into the treasury from any of the banking and insurance 
companies in this State, the capital stock of which now is, 
or hereafter may be liable by law to be taxed, all appropri- 
ations to the said fund, made or to be made by any law of 
this State, and the amount of all gifts, grants, bequests, or 
devises hereafter made by any person or persons to the said 
trustees, for the purposes contemplated by this act, shall be 
invested by the Treasurer of this State, under the direction 
of the said trustees, or a majority of them, in the bonds of 
the United States, or of New Jersey, or in bonds secured by 
mortgage on land in New Jersey, the interest thereof to be 
applied to the support of the public schools, in the mode 
which now is, or may hereafter be directed by law, and to 
no other use or purpose whatsoever ; an account of the man- 
agement of the said fund shall be laid before the Legislature, 
with the annual statement of the Treasurer's accounts ; and 
no compensation shall be paid to said Trustee or Treasurer 
for any service performed in pursuance of the direction of 
act ; and all investments of money and property belonging 
to said fund, now held or existing in the name of " The 
Trustees for the Support of Public Schools," are hereby and 
and shall hereafter be vested in and held, and any proceed- 
ings or action whatever, relative thereto, may be taken, 
had, made and maintained by said trustees, in the name of 
" The Trustees for the Support of Public Schools." 
Same as sec. 81. Atid be it enacted, That' the Treasurer of this State 
liaw. ^^^' shall annually make and furnish to the Board of Trustees 
for the support of Public Schools, on the first day of the annual 
stated meeting of the Legislature, and at such other times 
as the majority of the said trustees shall require the same, a 
particular statement of the school fund, containing an ac- 
count of the securities belonging to said fund, with the dates 
of investment, their value, and the interest arising from 
each denomination of securities, together with an account of 
the moneys in the treasury belonging to said fund. 
|am?a^g^sec. s2. And be it enacted, That the Secretary of State be and 
law. ■ he is hereby constituted and appointed Secretary of the said 
Board of Trustees, whose duty it shall be to record, in a 
book to be kept for that purpose, the proceedings of the said 
board, and the accounts to be furnished by the Treasurer, 
as hereinbefore directed. 
Same as sec. 83. And bc it cnacted, That it shall be the duty of the 
'uofgeuiaw. ^j,jjgj.ggg q|- ^^q scliool fuud of tMs State, on or before the 
first Monday of April in every year, to appropriate out of 
the annual income, for the support of the public schools, the 



REPORT OF THE COMMISSION ON EDUCATION. 31 

sum of forty thousand dollars ; and if the annual income of 
said fund shall not have been received in full, or shall be 
insufficient for that purpose, then the said trustees are hereby 
authorized and empowered to dra,w for any sum necessary 
to make up the dehciency by warrant, signed by the Comp- 
troller upon the Treasurer of the State, who is directed to 
pay the same, which sum so drawn from the Treasury afore- 
said shall be replaced by the annual income of said school 
fund as soon as the same shall be received. 

84. ^nd be it enacted, That from the revenue of the State s.^me as sec. 
the sum of sixty thousand dollars per annum shall be appro- law/*'"' 
priated, in addition to the sum of forty thousand dollars 

from the annual income of the school fund, as mentioned in 
the preceding section of this act. 

85. And be it enacted. That the Trustees of the School same as sec. 
Fund of this State shall have authority to divide the afore-iaw. 
said sum of one hundred thousand dollars into two or more 
annual instalments, which shall be paid by the State Treasu- 
rer to the several county collectors on the warrants of the 

State Comptroller. 

86. And be it enacted, That for the purpose of defraying same^as sec. 
the expenses of Teachers' Institutes, the procuring of teach- iaw. " 

ers and lecturers for said institutes, and other necessary ex- 
penses of the same, the State Superintendent of Public 
Schools may draw upon the Treasurer of the State for a sum 
not exceeding one hundred dollars for any one institute ; 
and the said amount may be paid annually thereafter, in like 
manner, to one Teachers' Institute in any county, or in any 
two or more adjoining counties of this State, the same to be 
paid by the Treasurer, out of the revenue of the State. 

87. And be it enacted, That the State Comptroller, an- sam? a« sec. 
nually, after having received from the State Superintendent law. ° 

of Public Instruction a statement of the apportionment of 
the State appropriation among the several counties, shall 
draw his warrant on the State Treasurer in favor of the 
County Collector of any county, for the portions to which 
said county is entitled, whenever such County Collector 
shall present an order for the same, drawn by the State Su- 
perintendent of Public Instruction in favor of such county. 

88. And be it enacted, That the County Collector of each game as sec. 
county shall receive and hold in trust that part of the State iaw.litli 
appropriation belonging to his county, and shall pay out the piovi"oomt- 
same to the collectors of the several townships, and to the oovered1i"y*' 
city treasurers of the cities of his county, only on the order sec.°'""° 
of the County Superintendent. 



32 REPORT OF THE COMMISSION ON EDUCATION. 

STATE SCHOOL TAX. 

This is Bee. 1 89. ^nd be it enacted, That for the purpose of maintain- 
School Sup. ing free public schools, there shall be assessed, levied and 
to'ttdrpoint. collected, annually, on the inhabitants of this State, and upon 
the taxable real and personal property therein as exhibited 
by the last abstracts of ratables from the several counties, 
made out by the several Boards of Assessors, and filed in 
the office of the Comptroller of the Treasury, a State school 
tax of two mills on each dollar of the valuation contained in 
said abstracts, which tax shall be assessed, levied and col- 
lected, and shall be in lieu of all township school taxes, 
except those specially provided for in this act ; but if the 
moneys received by any township from the tax imposed by 
this act shall not be sufficient to maintain free schools, for at 
least nine months in each year, then the inhabitants thereof 
shall raise, by township tax, such additional amount as they 
may need for that purpose, in the same manner as such taxes 
have heretofore been raised ; and if the inhabitants of any 
township, at their annual town meeting, shall not provide 
for the raising of such necessary additional amount, then the 
County Superintendent of the County wherein such township 
is situated shall, unless the State Board of Education shall, 
for good cause shown, otherwise direct, withhold from such 
township, all that part of the State appropriation derived 
from the revenue of this State, and shall apportion and dis- 
tribute the same among such of the townships in said county 
as shall have complied with the requirements of this act. 
Sec 2 of Sup. 90. Jind be it enacted, That it shall be the duty of the 

to Free ** 

schooiiaw, Comptroller aforesaid to apportion the said tax, and at the 

transposed. , '^ n -j ai i a- • i • j. 

rate aforesaid, among the several counties, in proportion to 
the amount of taxable real and personal estate of said 
counties, respectively, as shown by the abstracts, respec- 
tively, as aforesaid; and it shall be his further duty to trans- 
mit, on or before the first day of May of each year, to the 
County Collector of each county, a statement of said amount 
of said tax apportioned to said county ; and the said County 
Collector shall lay said statement before the Board of Asses- 
sors of the townships and wards, within his county, at their 
next annual meeting to apportion the taxes among said 
townships and wards, and said assessors shall thereupon pro- 
ceed to apportion said school taxes as other taxes are appor- 
tioned, and to assess the same according to law. 
sec.sofSup. 91. '''ind be if enacted, That it shall be the duty of the 
scifo'onaw County Collectors of the several counties of this State, to 
transposed, p^^ ^^ ^j^g Treasurer of this State the quotas due from their 
respective counties, of the taxes imposed by this act, on or 



REPORT OF TtlE COMMISSION ON EDUCATION. 33 

before the first day of January, annually, next ensuing the 
assessment thereof. 

92. Jlnd be it enacted, That in addition to the tax imposed ™binM*''8o 
by this act, each city and school district, or district com- I^^^y'^ofs'up- 
posed of two or more districts, may raise by tax such other piement. 
sums of money as they may need for school purposes, in ac- 
cordance with the authority granted them by this act, or by 
any special act applicable to such city school district; and 
the legal voters of each district, or combined districts, are 
hereby authorized and required to meet on the Tuesday of 
the week following the annual town meeting, or at a special 
meeting called by the Board of Trustees of the district in 
accordance with the eleventh division of the forty-third sec- 
tion of this act, I for the purpose of determining what addi- pown to 

•I' 1 11 1 1-1 I T • here, from 

tional school tax, it any, shall be levied upon the district ; '^^^^^^^^°^ 
said meetings shall be held at some convenient public place From here to 
within the district, and notice thereof, setting forth the time, fromoidiaw, 
place and object of such meeting, together with the addi- ^'''°-*^°- 
tional sum proposed to be raised by tax, shall be given by 
the district clerk, and set up in at least three public places 
within the district ten days before the day of meeting ; and 
the said inhabitants so met shall have power by consent of 
a majority of those present, being legal voters, to authorize 
the trustees of said district to purchase land for school pur- 
poses, to build, enlarge or repair a school house or school 
houses, and to borrow money, [or incur a debt therefor,] to ^5'4]*^***''^ 
sell or mortgage a school house or school houses, [to pur- brackets new 
chase apparatus or fixtures, or to expend money for any 
other purpose necessary to the welfare of the school or 
schools of said district], and to raise by taxation for these 
purposes, or to pay a debt of the district incurred for such 
purpose, and for the current expenses of the school or 
schools, such sum of money as [a majority] of the inhabi- 
tants so assembled shall agree to; and in case any money 
shall be ordered by a vote of [a majority] of said meeting, 
to be raised by taxation, the district clerk shall make out 
and sign a certificate thereof, under oath or affirmation, that 
the same is correct and true, and deliver the same to the 
assess ')r or assessors of the township or townsliips in which 
said district is situate, and to the County Superintendent, 
which said assessors shall assess on the inhabitants of said 
school district and their estates, and the taxable property 
therein, in the same manner as township taxes are assessed 
such sum of money as shall have lieen ordered to be raised 
by said meeting, in the manner aforesaid ; and said money 
shall be assessed, levied and collected, at the time and in 
the manner that other township moneys are assessed, levied 

3 



34: REPORT OF THE COMMISSION ON EDUCATION. 

and collected ; and it shall be the duty of the collector 
or collectors of the township or townships in which said 
district is situate, to pay over all moneys by him or 
them received, which shall have been assessed by vir- 
tue of such vote of a district meeting as aforesaid, on 
the order of the district clerk of said district, to be 
used for the purpose directed by the district meeting 
so held as aforesaid ; provided, that whenever any district 
From here, school meeting shall be held pursuant to the provisions of 
schwfsup. this section, or at the call of the trustees, as provided in the 



sec. 7. 



eleventh division of tlie forty-third section of this act, it 
shall not be lawful for such meeting to order a greater sum 
of money to be raised by district tax than shall have been 
mentioned and designated in the notice of such meeting, set 
up in the manner required bylaw; and provided, further, 
that whenever, in the judgment of the trustees of any dis- 
trict, it shall not be necessary to levy a district tax for 
school purposes, the district clerk thereof shall not set up 
the notices directed to be given in this section. 

93. ^nd be it enacted, That it shall not be lawful to 
charge any tuition fees for the support of public schools 
in this State, but that all such schools shall be free [for at 
least nine months in every year] for all persons over five 
and under eighteen years of age, residing within the district, 
and as much longer as such schools can be thus maintained 
with the public school funds. 

OF TOWNSHIPS AND TOWNSHIP COLLECTOES. 

94-. ^nd be it enacted, That the several townships in this 

sameaasec. State are authorized and required to appropriate the interest 

77^fgen. of the surplus revenue received by them, and from" other 

funds not raised by tax, such sums for the support of the 

public schools as they shall order and direct at their annual 

town meetings, in addition to the amount received from the 

State appropriation, and the amount which [is raised by the 

woiiisin State School tax.] 

95. Jind be it enacted, That it shall be the duty of the 

Township Collector of each township to receive and hold 

jS^fgenr ■ in trust all school moneys belonging to the township or any 

of the districts thereof, whether received from the State ap- 

The words propriatiou, from the township or district tax, or from other 

ulackets new sourccs, aud to pay out the same only on the orders of the 

matter. district clcrks of the several districts of his township, which 

order shall specify the object for which it is given, and shall 

be signed by at least one other trustee beside said clerk, and 

shall be made payable to the order of, and be endorsed by 



brackets new 
matter 



Same as sec. 



REPORT OF THE COMMISSION ON EDUCATION. 35 

the person entitled to receive it, and he shall on the order 
of the Township Committee, pay over any balance of school 
funds remaining in his hands, to his successor in office, and 
he shall procure a suitable book, in which he shall keep a 
separate account with each school district in his township, 
crediting each with the amounts apportioned to it by the 
County Superintendent, and the amount raised by tax in the - 

district, and charging each with the orders paid for said 
district, and he shall present his accounts to be examined 
and settled by the Township Committee at the close of the 
year, a copy of which settlement certified by the Committee 
showing the amounts received, the amounts expended by him 
for school purposes during the year (and the balance remain- 
ing in his hands) he shall transmit, within ten days, to the 
County Superintendent, and another copy of the same he 
shall file with the clerk of the township, and as compensation 
for such service, the Township Collector shall be entitled to 
receive three-fourths of one per centum on all school funds 
received and paid out by him for such purposes during the 
year, to be paid by the Township Committee from the funds 
of the township ; [provided, that in every town or city hav- 
ing a Board of Education governed by special laws, the 
treasurer thereof shall do and perform all the acts and du- 
ties which, by this section, are assigned to the several Town- 
ship Collectors ; and shall also pay out the school moneys in 
such manner and under such rules and regulations as the 
special laws applicable to said town or city may direct or 
empower ; and jnovided further, that school money belong- 
ing to a fractional district shall be received and held in trust 
by the Collector of the Township in which the school house 
of such district is situate.] 

LIBRARIES. 



i is the 
for rn- 



96. ."ind be it enacted, That the Treasurer of the State, _™s.J 
upon the order of the State Superintendent of Education, is fibJ-Irfisfn 
hereby authorized and directed to pay over the sum of Jjj®^p\Cp^|°'^' 
twenty dollars out of any money that may be in the public ^p"1 ^' i^^i- 
treasury to every school district which shall raise by sub- 
scription a like sum for the same purpose, to establish within 
such district a school library, and to procure philosophical 
and chemical apparatus, and the further sum of ten dollars, 
annually, upon a like order, to the said districts, upon con- 
dition that they shall have raised by subscription a like sum 
for such year, for the purpose aforesaid, provided, that the 
selection of books and apparatus shall be approved by the 
school trustees of such district ; and provided further, that 
the school trustees of each district shall make proper rules 



36 REPORT OF THE COMMISSION ON EDUCATION. 

and regulations far the management, use and safe keeping of 
such libraries and apparatus. 

INJURY OR DISTURBANCE OP SCHOOLS. 

97. And be it enacted, That any person who shall enter the 
buildings or go upon the lands belonging to any public school 
district of this State, or used and occupied for school pur- 
poses by any public school in this State, and shall break, in- 
jure or deface such l)uilding or any part thereof, or the fences 
or out-houses belonging to or connected with such building 
or lands, or shall disturb the exercises of such public school, 
or molest or give annoyance to the children attending such 
school or any teacher therein, shall be deemed and adjudged 
to be a disorderly person. 

98. And be it enacted, That any disorderly person of the 
description aforesaid, may be apprehended in the manner 
described in the third section of the act, entitled " An act 
to describe, apprehend and punish disorderly persons," 
passed June 10, 1799, and taken before any justice of the 
peace of such county where such person may be appre- 
hended ; and it shall be the duty of the said justice to com- 
mit such disorderly person, when convicted before him by 
the confession of the ofiender, or by the oath or affirmation 

. of one or more witnesses, to the county jail of such county, 
there to be kept at hard labor for any term not exceeding- 
thirty days. 

99. And be it enacted, That all acts and parts of acts in- 
consistent herewith be, and the same are hereby repealed. 

100. And be it enacted, That this act shall take effect im- 
mediately. 



An Act to facilitate the establishment of High Schools in 

this State. 

1. Be it enacted by the Senate and General Assembly of 
the Slate of Mew Jersey, That any one or more school dis- 
tricts of this State, by a majority vote of the inhabitants at 
a meeting regularly called or advertised by the County Su- 
perintendent, or superintendents of counties in which said 
districts are situated ; and that any incorporate city or town, 
by a majority vote of the inhabitants, at the annual meeting 
for the election of trustees or members of the Board of 
Education, may cause to be erected, established and main- 



REPORT OF THE COMMISSION ON EDUCATION. 37 

tained a high school, in the several departments of which 
«hall be taught, algebra, geometry, book-keeping, surveying, 
natural philosophy, general history, the constitution of the 
State of New Jersey and of the United States, astronomy, 
rhetoric, composition, logic, intellectual and moral science, 
political economy, and the Latin, Greek, French and German 
languages, and in which such other branches may be taught 
as the trustees deem expedient ; said school shall be entitled, 
according to the number of children in attendance, to its 
proper share of the State appropriation and of the State 
school tax belonging to the city, town, district or districts 
which have caused such high school to be erected; and the 
inhabitants of said city, town, district or districts, by a ma- 
jority vote of those legally entitled to vote therein, are hereby 
empowered to impose, at their annual meeting, such addi- 
tional tax, the amount of which shall have been previously 
mentioned and designated in the notice of such meeting, as 
may be required for the support of such school and for the 
purchase of apparatus or fixtures, or for alterations or im- 
provements in the school building or buildings, or for any 
other needful purpose relating to the welfare of the school, 
said tax to be assessed and collected as other taxes are now 
levied and collected, and the trustees are hereby empowered, 
upon a majority vote of the inhabitants of the city, town, 
district or districts, to incur a debt for such purposes ; and 
a school thus established shall be governed by the trustees 
or Board of Education of said city, town, or district, and in 
the case of combining districts it shall be governed by a joint 
board, composed of the trustees of the combining districts, 
and subject to such regulations as they may prescribe, with 
the sanction and approval of the State Superintendent and 
the Inspector of Public Schools; provided, that all pupils 
admitted into such schools shall be first examined by com- 
petent examiners and found to be proficient in the studies 
requisite for admission to such high schools. 

2. Jind be it enacted, That tins act shall take efl"ect imme- 
diately. 



Ax Act in Relation to State Scholarships. 

1. Be it enacted by the Senate and General Assembly of 
the State of JVew Jersey, That in each Congressional District 
of the State there shall be yearly, in the month of June, a 
public competitive examination open to all pupils who grad- 
uated in that year from the public graded high schools with- 



38 REPORT OF THE COMMISSION ON EDUCATION. 

in the district ; which shall be held at a time and place of 
which due notice shall have been given, and shall be con- 
ducted by a Board of Examiners, consisting of the Inspector 
of Public Schools, who shall be chairman, ex officio, and two 
persons appointed by the State Board of Education ; the 
said Board shall make all needful rules and regulations con- 
cerning said examination, and it shall be their duty carefully 
to select from among the candidates presenting themselves 
the one who excels in those branches of learning which are 
required for admission to any of the regularly incorporated 
colleges which are now existing or may be hereafter estab- 
lished within this State ; and the said Board of Examiners, 
or a majority of them shall nominate and recommend to the 
State Board of Education, for a free scholarship in one of 
the said colleges the candidate who shows superior excel- 
lence in the particulars above named ; provided, that if none 
of the candidates examined are sufficiently advanced the 
said Board of Examiners shall decline to make any nomina- 
tion for said scholarship ; and provided further, that no pupil 
shall be a candidate whose attendance at the public graded 
high school during the previous year, unless prevented by 
continued sickness, was less than eighty per cent. And be 
it also enacted, That when the said Board of Examiners shall 
have decided to nominate they shall notify the successful 
candidate at the same time instructing him, with the con- 
sent of his parents or guardian, to choose the college withi i 
the State at which he intends to pursue his studies, and to 
present himself to the faculty of said college for examination 
in accordance with its rules ; and when the candidate shall 
have been nominated and recommended to the State Board 
of Education, and shall have furnished it with a certiticate 
from the faculty of a college within the State, declaring him 
competent to enter college, the State Board of Education 
shall issue to said candidate a warrant of appointment to a 
free scholarship in such college within the State as the can- 
didate shall have selected, at the expense 'and cost of the 
State for the terra of four years, which appointment to be 
valid must be countersigned by the Inspector of Public 
Schools, and be delivered by the candidate to the faculty of 
the college at which he pursues his studies. And be it 
further enacted, That the State Board of Education, yearly 
and every year for the term of four years, shall draw a war- 
rant for two hundred dollars upon the Treasurer of the State, 
in favor of the Inspector of Public Schools, which warrant 
shall be paid out of the school fund, or out of any moneys 
that may be specially appropriated by the Legislature for 
such purposes, and it shall be the duty of the Inspector of 
Public Schools to obtain and forward to the State Board of 



REPORT OF THE COMMISSION OX EDUCATION. 39 

Education the youcher of the President of the college at 
which the candidate is pursuing his studies, for the moneys 
expended for the maintenance and tuition of the candidate ; 
provided^ that if for failure in scholarship or any other 
reason the State Board of Education shall revoke the appoint- 
ment of any candidate, such revocation shall cancel all ben- 
efits and claims arising out of said appointment, from and 
after the expiration of the current collegiate term, and the 
original warrant of appointment shall be returned by the 
college with which it was deposited, to the State Board of 
Education ; and provided further, that in case the grade of 
scholarship of any candidate shall fall below eighty-five per 
cent, upon a scale of one hundred, or any candidate shall 
cease to pursue his studies from any other cause than con- 
tinued sickness, or if he should be expelled from college, or 
should die, then the Inspector of Public Schools shall cease 
to disburse any further money on account of said candidate, 
and shall refund the unexpended balance to the State 
Board of Education, by whom it shall be paid over to the 
Treasurer of the State. 

2. And be it enacted, That each member of the Board of 
Examiners provided for in the foregoing section, except the 
Inspector of Public Schools, shall be paid for his services, in 
addition to his actual traveling expenses, a sum not exceeding 
three dollars per day, to be paid by a warrant of the State 
Board of Education upon the State Treasurer, upon the re- 
ceipt of the certificate of the Inspector of Public Schools 
that said member was at the examination for which pay is 
claimed. 



LIBRARY OF CONGRESS 




